TERMS OF SERVICE

Martin County Utility Online BillPay Terms of Service Agreement

IT IS IMPORTANT THAT YOU READ THIS:

By accessing or using the Martin County Online BillPay website, you agree to be bound by all of the terms and conditions of this Agreement. We may modify this Agreement at any time, and you agree that such modifications will be effective immediately upon posting of the modified Agreement. You agree that by using our website after any such modifications, you will be deemed to have reviewed, agreed to and accepted the modified Agreement.

Online BillPay Service is provided to you to facilitate access to view and pay your Martin County accounts online. The Online BillPay Service sends information about your account directly to your email address and allows you to pay online. This email will include a digital copy of your bill. InfoSend, a third party vendor that specializes in bill processing and presentment, hosts the service.

Martin County will make every reasonable effort to ensure full performance of the Online BillPay Service and, on a timely basis work with you to resolve disputes that may arise. We do not assume responsibility for malfunctions in public communications facilities not under our control that may affect the accuracy or timeliness of email messages you receive.

Any information sent by us to you via email is believed to be reliable. However, this information can only be provided on a best-efforts basis for your convenience and is not guaranteed. We will not be liable for any deficiencies in the accuracy, completeness, availability or timeliness of such information or for any decision made using this information.

In addition, please take note of the following guidelines, which will assist you in detecting certain types of Internet and email fraud (i.e. "phishing").

Martin County does not make any warranties concerning the Online BillPay service including, without limitation, any warranties of merchantability, fitness for a particular purpose or non-infringement of third party proprietary rights unless disclaiming such warranties is prohibited by law. Martin County makes no warranties other than those expressly set forth in this agreement. Martin County will not be liable for any damages of any kind arising from the use of this site, including, but not limited to, direct, indirect, incidental, consequential and punitive damages. You expressly agree that your use of this site is at your sole risk.

Privacy of Information

Martin County is committed to protecting your privacy. You acknowledge that we and our vendor may receive certain private and confidential information in connection with your use of Online BillPay. We may utilize your name, mailing address and changes thereto. We will not rent, sell or otherwise make available to any third party for any reason any of your private and confidential information that personally identified you, your Credit Card or payments you make through the Online BillPay, other than to provide Online BillPay or comply with applicable laws or regulations, including government agency or court orders, unless you otherwise expressly agree.

You agree that you will not intentionally provide false information when accessing or using our Online BillPay services. You also agree that you will not falsify, forge, or otherwise tamper with any information in the emails you receive as part of the Online BillPay service.

The Online BillPay website has security measures in place to protect against the loss, misuse, or alteration of the information you provide. Our Online Payment server software conforms to industry standards utilizing Secure Sockets Layer (SSL) technology, which is among the best software available for securing commerce transactions.

Credit Card or ACH (Automatic Clearing House) Transactions

To use Online BillPay, you must designate an eligible deposit or other asset account accessible by a credit card or debit card ("Credit Card") at a bank or other eligible financial institution (your "Financial Institution") from which payments will be made using Online BillPay or you may designate an eligible deposit or other asset account accessible by an ACH (Automatic Clearing House) transaction at a bank or other eligible financial institution (your "Financial Institution") from which payments will be made using Online BillPay. You agree that, by scheduling automatic payments or a single payment, you authorize Martin County to initiate debit entries to your Credit Card or ACH account in such amount(s), and to initiate any debit or credit entries to your Credit Card or ACH account necessary to correct any error in a payment. You also must authorize your Financial Institution to debit or credit your Credit Card or ACH account in the amount of such payments or corrections. You represent that you have all necessary right, power, and authority to authorize each such payment, and that you will take such steps as your Financial Institution requires to make such authorization. This authorization shall remain in full force and effect until we have received notice from you of your termination of such authorization in such time and in such manner as to afford Martin County and your Financial Institution reasonable opportunity to act on it.

Payment Amount Limitations

The amount of funds you may use is limited by the amount of available funds you have on your Credit Card or ACH account, including any available overdraft protection you may have with your Financial Institution. You agree to maintain sufficient funds on your Credit Card or ACH account to satisfy your bill payments and that Martin County will have no obligation to complete a transaction if sufficient funds are not available. Your access to your Credit Card or ACH account also may be limited by your agreement(s) with your Financial Institution governing the Credit Card or ACH account and by applicable law and regulations.

Payment Processing

Online BillPay is designed to be available seven days a week, 24 hours a day. However, we will update account balances and activity information daily, Monday through Friday, excluding holidays. In addition, we will not be liable for any inability to access Online BillPay, or for any failure to update any information, for whatever reason. While it is anticipated that Martin County Utilities will complete most transactions within twenty-four (24) hours of the day designated, it is understood that due to circumstances beyond the control of Martin County Utilities, particularly delays in handling and posting payments by slow-responding companies or financial institutions, some transactions may take a day or even a few days longer.

You are solely responsible for making payments prior to the due date, and you are solely responsible for any late fees charged or action taken by Martin County for payments not timely made.

Martin County Utilities will use its best efforts to process all your payment authorizations promptly and properly. However, Martin County Utilities shall incur no liability if it is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:

Provided none of the foregoing, exceptions to the Martin County Utilities performance obligations are applicable, Martin County Utilities shall be responsible for properly directing the payment authorization. THE FOREGOING SHALL CONSTITUTE MARTIN COUNTY UTILITIES ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY HEREUNDER.

Fees

Martin County does not charge you any fees for using Online BillPay. However, your Financial Institution may charge you fees related to your Credit Card or ACH account, including transaction fees or fees for attempting transfers without sufficient funds. If a transaction is not honored by your bank a fee may be charged to your account.

Unauthorized Transfers

If you believe that someone has improperly accessed your Credit Card or ACH account through Online BillPay without your permission, contact Martin County immediately. You should also immediately contact your Financial Institution. Please be aware that you are solely responsible for any unauthorized transfers, although your Financial Institution may provide some form of fraud protection.

Termination of Online BillPay

You may choose to cancel Online BillPay at any time with no fee. If you wish to discontinue Online BillPay, or discontinue automatic payments while still using Online BillPay to pay individual bills, you may cancel by sending a cancellation notice to the address shown below under "Notices." Your termination will be effective no more than 10 days after we receive your request.

Martin County may suspend or terminate your access to Online BillPay at any time, without notice and for any reason. We will attempt to provide you with prior notice of suspension or termination by posting on our website or otherwise sending notice of termination. However, Martin County will not be liable for any failure to do so. Neither termination nor discontinuation of Online BillPay shall affect your liability for transactions initiated through Online BillPay using your password.

Notices to Martin County

Please submit all correspondence via the Customer Service link of Online BillPay. You may also contact us at the following address or phone number:

Martin County Utilities
P.O. Box 9000
Stuart, FL 34995
(772) 221-1434

Amendments

The terms of the Agreement may be modified or amended by Martin County from time to time. In such event, we will provide notice to you in accordance with applicable law, which may be accomplished by posting such change on our BillPay website. Any use of Online BillPay after we provide you with a notice of change will constitute your agreement to such change(s).

Assignment

You may not assign this Agreement to any other party.

Governing Law/Venue/Tort Claims Act

This Agreement shall be governed by the laws of the State of Florida without regard to its conflicts of laws provisions and any action or lawsuit related to this Agreement will be adjudicated in a court of competent jurisdiction in Martin County

Use of Electronic Communication

By accepting below or otherwise using Online BillPay, you also agree that any and all disclosures and communications regarding Online BillPay between you and Martin County including this Agreement, may be made electronically, including by Martin County posting to its website in accordance with applicable law. Any electronic disclosure or communication Martin County makes will be considered made when transmitted by Martin County.

Refund Policy

Payments made in excess of the total bill amount will show as a credit on the customer's next bill. Questions concerning refunds of erroneous payments may be addressed in writing to Martin County Utilities. If approved, the refund will be made in the form of a check made payable to the name on your account. The refund process may take up to 6 to 8 weeks.

EXCLUSION OF WARRANTIES. MARTIN COUNTY UTILITIES IS PROVIDING THE SERVICE "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT AND TITLE. MARTIN COUNTY UTILITIES DOES NOT WARRANT THAT THE SERVICE IS ERROR-FREE, OR THAT ACCESS TO AND USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

LIMITATION OF LIABILITY. IN NO EVENT SHALL MARTIN COUNTY UTILITIES OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING,WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SERVICE, WHETHER INCURRED BY YOU OR ANY THIRD PARTY, EVEN IF MARTIN COUNTY UTILITIES OR ITS LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OR MAY OTHERWISE KNOW OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY LIABILITY IS IMPOSED ON MARTIN COUNTY UTILITIES, ITS LICENSORS OR SUPPLIERS, TOTAL LIABILITY TO YOU OR ANY THIRD PARTY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE.

Some jurisdictions prohibit exclusion or limitation of liability for implied warranties or consequential or incidental damages, so the above limitation may not apply to you. You may also have other legal rights that vary from jurisdiction to jurisdiction

Our Credit Card Data Responsibility

We are responsible for the merchant cardholder data that our system stores or transmits on behalf of the customer, and will maintain compliance with all applicable PCI DSS requirements. Customers are requested to notify us in the event that they experience issues that may affect the security, availability or privacy of the services they are utilizing.